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What to do when your spouse doesn’t want a divorce

No two people can be on the same page at all times. Even in an amiable, long-term partnership, conflicts of interest can lead to real conflict in the home. In Texas, couples can divorce with no fault attributed to either party. The couple can simply decide to call it quits and start over.

But, what can you do when you want a divorce and your partner doesn’t?

This isn’t as uncommon as you think, especially when the objecting party felt blindsided by the decision to split.

Overcoming resistance to the end of your marriage

Many couples come to the realization that it’s better to separate than to continue in an unhappy marriage. However, it’s common for one person to want to hang on to the marriage no matter how untenable the situation becomes.

When staying in the marriage isn’t in the best interest of all involved, it’s important to protect yourself and your children from further conflict and division. It may be initially upsetting to other parties, but a quick, clean ending is usually best.

Bringing up the subject of divorce is the hardest part

Asking for a divorce is never easy. It’s possible that your spouse will hold out hope for reconciliation or become vindictive about the split. Depending on your circumstances, consider how the discussion about divorce should progress. When reconciliation isn’t possible, be honest and firm but empathetic.

If the discussion is likely to become too volatile or emotional, you could choose a neutral location to announce your decision to file for divorce. This could help prevent a scene or dangerous situation.

The only outlier is when someone is leaving a domestic abuse situation, which could become dangerous fast. Preparation and planning for a safe departure are essential. Any discussion about divorce can come through a third party if a no-contact situation is warranted.

It’s best to make a clean break

In a divorce, the other party may look for any sign that a reunion is feasible. Leave the marital home as soon as possible and maintain only necessary contact. This will give both of you time and space to think and prevent the other partner from succumbing to false hope for reconciliation.

You know your partner best, so you can anticipate how they’ll react to a divorce. Would they try stall tactics like refusing to sign the papers or taking their time to provide the documentation needed by the court?

Prepare for this possibility beforehand so that you can avoid unnecessary delays. Remember, Texas is a no-fault divorce state. If ending your marriage is really what you want, the consent of your spouse isn’t necessary.

Whether the delay tactics are out of fear or a means of trying to maintain control, no one has the right to force someone to remain married to them. The best advice is to try and resolve the stalemate peacefully so that both parties can move forward with their lives.